Employee of Deseret Health Group pulled out from parking lot in the path of client who was driving his motorcycle in broad daylight. The client suffered among other things a server brain trauma
Personal injury
Smith v. Bush - $2,268,979
Jun 24, 2011
OUTCOME: Judgment - $2,268,979
Plaintiff’s judgment in a bench trial for serious personal injuries sustained when a throttle stuck open on defendant’s motorcycle due to negligence maintenance of that motorcycle by the defendant ...and failure to warn Plaintiff.
Wrongful death
Clough v. Taylor - $1,100,000
May 27, 2011
OUTCOME: Settlement for $1,100,000
Charles W. Graves ("CJ"), age 20, was riding his bicycle on North Antioch Road in North Kansas City. He was hit from behind by a car driven by Scott Taylor. He sustained a life threatening head injury ...and multiple other injuries as a result. He was transported to North Kansas City Hospital where he died two days later.
Personal injury
Brown v. Allinder - $70,000
Feb 08, 2011
OUTCOME: Plaintiff's Jury Verdict - $70,000
Plaintiff’s jury verdict for repair of torn rotator cuff from automobile accident.
Brain injury
Confidential v. Confidential - DRAM SHOP CASE
Mar 23, 2010
OUTCOME: $4,000,000 settlement
On February 5, 2008, at approximately 8:50 p.m. a brother and sister ages 14 and 19 were driving westbound on AA highway. The siblings had been attending a high school basketball game and were on their... way meet their mother for dinner in Blue Springs. At that same time, an intoxicated driver was traveling eastbound on that same highway. As the cars approached each other the intoxicated driver crossed the center line and hit the plaintiffs head-on. All three persons involved in the accident were seriously injured. Plaintiffs discovered that the intoxicated driver had been at a bar and grill drinking large 25 oz. beers. The accident occurred within ten minutes of the intoxicated driver leaving the bar and grill. A blood draw taken at the hospital within 40 minutes of the accident showed the intoxicated driver’s BAC at .249. The 14 year old male passenger plaintiff sustained displaced fractures of his left and right femur requiring open and closed reductions along with a fracture of his left wrist. He is left with permanent rods in both legs. He had been a very good athlete prior to this crash and is no longer able to play football or run track. His freshman football coach stated that had this accident not occurred the young man had an excellent chance to receive a college scholarship. His past medical specials came in around $115,000. The 19 year old female driver sustained the brunt of the impact. She suffered severe facial injuries including bilateral factures of her TMJ, a complete fracture of her lower jaw and a comminuted fracture of her maxillary. She lost seven teeth and is now required to wear dentures. Both of her heels were crushed which required two surgeries on her right heel, surgery on her left heel with placement of hardware to repair. She sustained internal injuries to her pancreas and colon that resulted in a scar from her chest to her lower abdomen. She had been a high school track star and had won State in several track events. Her past medical specials came in around $150,000. Her future medical treatment is to include bone grafts from her ribs to rebuild her maxillary for dental implants and possible additional surgeries on her heels. Plaintiffs’ claimed that the defendant knew but disregarded the intoxicated patron’s condition. Plaintiffs’ also claimed that the defendant failed to implement safe service of alcohol programs. The defendant had another dram shop lawsuit approximately seven months prior to this one in which an intoxicated patron left its establishment and killed another driver in a car crash. Also important was early and thorough investigation and the retention of expert witnesses in bar/restaurant management, alcohol safety, toxicology, life care planning, an economist and vocational rehabilitation specialist. This matter was settled prior to trial for $4,000,000 after mediating with Rich McLeod.
Trial by Arbitration – award for plaintiff for improper warning of dangerous condition allowed to exist on I-70 bridge over Manchester Trafficway in Kansas City, MO
Brain injury
Confidential v. Confidential - PRODUCTS LIABILITY CASE
Mar 27, 2008
OUTCOME: $2,125,000 Settlement
A young woman, age , was a passenger in the rear middle seat of a minivan on March 20, 2003. She was belted in with the only seatbelt available - a lapbelt. The vehicle in which she was riding was hit ...on rear,passenger side by another vehicle while attempting to make a left hand turn. The impact caused our client to be whipped around in the van resulting in a global brain injury. She was in a coma for 6 weeks and in intensive therapy at Rusk Rehab (for brain injury victims) for several more weeks following the accident. Our young client had to re-learn all of the day to day functions we all take for granted.